Category Archives: Legislative & Government Affairs

In the wake of the tragic events of the Avalon at Edgewater fire, Justin Mihalik, AIA, the newly elected President-Elect of the New Jersey chapter of the American Institute of Architects, was recently interviewed by WPIX TV regarding the use of lightweight wood construction. You can see the WPIX report here. The report is 5:26 in length. Justin’s comments start at approximately the 1:59 mark and run through the 3:00 mark.

Granted, the conversation is far more complex than can be explained in one minute of TV time. And, the issue has received significant attention, including legislation proposing mandating fire sprinklers in all residential construction (Bill A1698) and a proposed two-year moratorium on all lightweight wood construction. Given the severity of the event and the public attention, it is more important than ever that architects and AIA New Jersey have a voice in this discussion.

This issue is being actively addressed by our Codes & Standards Committee, chaired by Robert Longo, AIA, our Legistative & Government Affairs Committee, chaired by David Del Vecchio, AIA, our Public Awareness Committee, chaired by Bruce Turner, AIA, our President, Kimberly Bunn, AIA, our Executive Director, Joe Simonetta, and the Executive Committee. Therefore, please make sure you share your opinions with your leaders of AIA New Jersey and your political representatives. Architects cannot stand on the sidelines while others determine the shape of the built environment.

In his recent trip to Canada, Governor Christie said “I’ve gotten the impression over time, watching American foreign policy, that Canada has been an afterthought……I don’t think we pay enough attention to this relationship as Americans in general. I’ve made a very conscious decision to come to Canada and to come here to Alberta because we should treat our friends with both respect and attention.”

This statement comes on the heels of a recent tri-national agreement by the National Council of Architectural Registration Boards (NCARB), Canadian Licensing Authorities (CALA), and the Federacion de Colegios de Architectos de la Republica Mexicana (FCARM), making it possible for architects to work across North American boarders.

With all of this in mind, it is time for the State of New Jersey to take specific action to address New Jersey’s relationship Canada relative to the practice of architecture. Specifically, the New Jersey Chapter of the American Institute of Architects renews its call for the State of New Jersey to resolve impediments to cross border licensure with Canada, and stands ready and willing to work with all relevant parties to find a workable solution for New Jersey.

October 9, 2014Design Conference and Advocacy Day
The Trenton War Memorial

The 2014 Conference will be a full day of continuing education and advocacy. The announcement of the Design Award winners and networking opportunities at evening reception.
Full Day – 6 LUs. (pending approval)

Committees: Law and Public Safety, Chair, Military and Veterans’ AffairsTransportation. Senator Donald Norcross was sworn to the Senate on January 19, 2010. The Senator has been an advocate for the working men and women of New Jersey. He also championed efforts to expand and diversify the workforce through the recruitment and hiring of women and minorities. As a legislator, he is working to reduce the costs of government and to bring property taxes under control. He also promotes reform movements within government spending, ethics, and accountability. He is dedicated to creating public-private partnerships and other initiatives to spur economic development, revitalize neighborhoods, and rejuvenate the downtown business districts within Camden.CLICK HERE for full bio.

New Jersey Political Action Committee (NJ-APAC)
LOBBIES ON CAPITOL HILL at the
AIA GRASSROOTS 2014 – LEADERSHIP AND LEGISLATIVE CONFERENCE

by Laurence E. Parisi, AIA Washington, D.C.
March 19, 2014

Another fabulous AIA Grassroots Leadership Conference has graced us, but not without extraordinary excitement, great colleague camaraderie, and well-organized Leadership Plenary Sessions.

NJ-APAC – The political branch of AIA-NJ was represented at “the hill” by Ben Lee, AIA and I, together we attended the Government Advocacy Networking Breakfast and Congressional Staff Panel who discussed the purpose and the criteria for Capitol Hill Visits. This is a wonderful opportunity to meet your Congressional District representative on their “D.C. turf” and present to them the issues set forth by the Institute and request their support. These issues are established by the Institute to help promote and support architects and building growth in our country. This year we had three requests for our congressional and senatorial backing.

ENERGY RETROFITS – The AIA supports efforts to extend and make modest improvements to the Energy-Efficient Commercial Building Tax Deduction (179D).

STUDENT DEBT RELIEF – The AIA supports legislation to allow architecture students to contribute their design abilities to help communities in exchange for student loan assistance.

DESIGN BUILD PROCUREMENT REFORM – The AIA supports common-sense reforms to procurement that will help more design firms enter the marketplace.

The AIA 2014 Grassroots Leadership and Legislative Conference was held March 18th – 21st in Washington DC. A number of your AIA-NJ leaders attended and were inspired to build a better AIA.

Some of the AIA-NJ members in attendance at Grassroots 2014

Along with hundreds of leaders from around the country and world AIA members discussed ways to effect change. From the latest on AIA Repositioning and how it could be seen in your local AIA chapters, to hearing from candidates for national AIA offices that will help to lead AIA next year and beyond.

In addition to seminars and guest speakers, part of Thursday was spent visiting our legislators on Capital Hill. Taking issues important to all architects to our law-makers to effect change for all.

This year a number of items discussed were discussed with local representatives. Including the extension of 179D, the Energy Efficient Commercial Building Tax Deduction that expired at the end of 2013. The necessity of procurement standards for Design-Build method of building on government projects. Also, the National Design Services Act, a program where architecture graduates with federally subsidized student loans could work in under-served communities in exchange for reduction of student debt. Contact your local leaders to learn more on any of these items or how you can help.

“Whether it is tornadoes in Alabama, earthquakes in California or hurricanes in New Jersey, Good Samaritan laws are critical in ensuring a safe, effective and speedy response to major natural disasters,” said Greenwald (D-Camden / Burlington). “By passing a Good Samaritan law in New Jersey, we will better prepare our state to respond rapidly and efficiently to the next Superstorm Sandy.”

The bill (A2025) would bolster safety inspection capacity in the aftermath of disasters like Sandy – the scale of which can easily overwhelm local governments – by shielding licensed architects and professional engineers from liability when they volunteer to help local governments respond to major natural disasters.Continue reading →

This is a reissue of the original article from 2011. There has been great success as of recent against parties who were practicing architecture illegally. If you know of someone who is practicing illegally, please file a complaint! Read below to understand the process.

AIANJ members have been contacting the Legislative and Government Affairs Committee lately regarding illegal or unlicensed practice, including the offering or providing architectural services by unlicensed practitioners and the practice of “plan stamping” i.e. licensed architects signing and sealing drawings produced by those without a license with little or no direct supervisory control over their production. They often ask, “What is the AIA doing about this?”

As a professional organization, it is AIANJ’s role to inform its members about our successful lobbying effort on behalf of its members as well as for non-members for the ability of the State Board of Architects to investigate the illegal and unlicensed practice of architecture.

Members are the eyes and ears of the AIA. It is every architect’s legal responsibility to safeguard the health, safety and welfare of the public by reporting potential instances of illegal and unlicensed practice to the State Board. The State Board cannot proactively investigate alleged cases of misconduct, but rather must rely on members of the public (and especially the licensed professionals it regulates) to file complaints when they become aware of a violation of the regulations.

Therefore, it is important that we all understand how to properly file a complaint with the State Board of Architects against someone who may be illegally practicing architecture. The first step is to understand what constitutes the illegal practice of architecture by reviewing the New Jersey State Board of Architects Law and Regulations, which can be found at http://www.state.nj.us/oag/ca/arch/arch_rules.htm. The description of the practice of architecture may be found under Article 45:3-10 of the Architects Law, “Practice of Architecture; what constitutes; exceptions”.

The next step is to download the complaint form, which can be found at http://www.state.nj.us/oag/ca/complaint/archcom.pdf. Once you download the form, read it carefully and follow the instructions. Provide as much information as possible including any evidence that you may have that supports your complaint. Include any written documentation you come across including letterhead, business cards, mailers, magazine ads, print outs from a violator’s website, or any statement they make that uses the term “architect”, “architecture” or “architectural” without including a bona fide license number of a registered architect.

You may submit a claim anonymously but it must be in writing. However, if additional information is required by the Board to process the complaint, an anonymous complainant will not be able to respond to the request. Therefore, if you want the complaint to have the best possible chance of being enforced it is recommended that you include your contact information on the complaint. Please be aware that the investigation process may take several months before the Board renders a decision, since the Board needs to follow certain guidelines in making notifications to the alleged violator in accordance with state laws.

Once a decision is rendered, it will be posted on the State Board’s website under “Board Actions”. We ask that you follow through with each complaint and notify our committee of any actions taken by the Board so that we may publish the results of your efforts. If the Board does in fact find that someone is practicing illegally or without a license, the actions may be a warning, suspension, fines, or removal of license.

AIA New Jersey is the only credible voice speaking on behalf of the architectural profession here in our state. But we need your help filing these complaints. Architects are the only people who can really police this industry and ensure that the public receives the best possible services and protection. Rest assured that members of the L&GA committee do actually file complaints as individuals on a regular basis. But as a volunteer organization, we simply do not have the time and resources to proactively search out all the instances of illegal practice across the state.

The only way to deter those who practice illegally is by hitting them where it hurts the most, in their wallets! So please, protect your livelihood while protecting New Jersey’s citizens by filing a complaint if you suspect that someone is practicing illegally!

If you have any questions, feel free to contact the Legislative and Government Affairs Committee at [email protected].

Dear Member,Late last night, the New Jersey Legislature gave final approval to what is commonly known as ‘Good Samaritan’ legislation. The bills, Assembly Bill 3694 and Senate Bill 3131 are now on the desk of Governor Christie for action.

Please call the Governor’s Office today to voice your support for the ‘Good Samaritan’ bill at (609) 292-6000. Tell his office that you are a constituent, a voter, and supporter of A3694 and S3131.

You can also email the Governor’s Office by submitting this form on the Governor’s webpage.

THE GOVERNOR HAS TO ACT WITHIN 10 DAYS. IT IS URGENT THAT YOU CONTACT THE GOVERNOR’S OFFICE TODAY

The following statement from the Senate Budget Committee explains the bill and its benefits to the state.The Senate Budget and Appropriations committee reports favorably Senate Bill No. 3131.

This bill grants public employee status to licensed architects and professional engineers for certain services rendered during and following emergencies without compensation and at the request of public officials.

This “Good Samaritan” legislation provides immunity in accordance with procedures established under the “Tort Claims Act” for the licensed architects and professional engineers who volunteer time, expertise, and services to help rebuild communities that have been damaged by disasters, such as hurricanes, fires, and, tornados.

The bill provides licensed architects and professional engineers with public employee status pursuant to the Tort Claims Act and they shall not be personally liable for any personal injury, wrongful death, property damage, or other loss caused by an act, error, or omission while practicing architecture or engineering following an emergency. In order for the public employee status to apply, the practice of architecture or engineering must be performed:

(1) voluntarily and without compensation;

(2) at the request of a public safety official, acting in an official capacity; and

(3) at the scene of a declared national or State emergency caused by a major earthquake, hurricane, tornado, fire, explosion, collapse, or similar disaster or catastrophic event, during or within 90 days following the emergency, or for any extended period as determined by executive order issued by the Governor under the Governor’s emergency executive powers.

As used in the bill, “public safety official” means any appointed or elected federal, State, or local official with executive responsibility to coordinate public safety or law enforcement in the jurisdiction in which the emergency has occurred.

In addition, the public employee status and immunity will not apply, if:

(1) the architect or professional engineer, or a private entity for which the architect or engineer is employed, has an existing contract for services with the public entity, other than the State of New Jersey, whose public safety officer made the request for architectural or engineering services;

(2) the architect or professional engineer, or a private entity for which the architect or engineer is employed, enters into any contract for services that involves the performance of any additional architectural or engineering services related to the voluntary, uncompensated services performed for the public entity whose public safety officer made the request for architectural or engineering services; and

(3) the act or omission by the architect or engineer does not require the public entity to defend and indemnify a public employee pursuant to N.J.S.59:10-1 or N.J.S.59:10-2.

As reported, this bill is identical to Assembly Bill No. 3694 (1R), as also reported by the committee on this date.

The Good Samaritan legislation that AIA-NJ has been working towards is scheduled for a hearing in the New Jersey Senate for Monday morning, January 13, 2014. Please call or email your local NJ representatives to urge them to support and vote YES for A3694.